When Enforcement Feels Like Cutting Off a Hand

There are moments in condominium governance when enforcing a rule feels disproportionate to the situation. The rule is clear. The violation is real. But the circumstances are complicated, and the human cost of strict enforcement seems high.

These moments test the judgment of boards and managers.

The Tension

Rules exist for good reasons. Consistent enforcement protects the corporation legally and maintains community trust. Selective enforcement — applying rules to some owners but not others — creates exactly the problems that consistent enforcement is meant to prevent.

At the same time, governance is not a mechanical process. The people who live in a condominium are human beings with real circumstances. A rule violation that looks straightforward on paper may involve a resident who is ill, grieving, or facing a crisis that the board doesn't know about.

What Good Judgment Looks Like

Investigate before you enforce. Before sending a formal notice, understand the situation. A brief conversation with the resident may reveal circumstances that affect how the matter should be handled.

Distinguish between the rule and the remedy. The rule may be clear, but the remedy doesn't have to be the most severe option available. A notice, a conversation, a reasonable timeline for compliance — these are often more effective than immediate escalation.

Document your reasoning. When you exercise discretion, document why. This protects the corporation if the decision is later questioned.

Be consistent in your process, even when outcomes vary. The process — investigation, notice, opportunity to respond — should be the same for everyone. The outcome may vary based on circumstances, but the process should not.

The Limits of Discretion

Discretion has limits. A board that routinely declines to enforce rules because enforcement feels uncomfortable is not governing — it's avoiding. Rules that are never enforced aren't rules.

The goal is judgment, not avoidance. Enforcement that is firm, fair, and proportionate to the circumstances is both legally sound and humanly decent.

That's harder than either strict enforcement or no enforcement. But it's what good governance actually requires.